The term trademark can be viewed as a form of legal protection that is provided in case of certain names, devices, symbols, or words that would be used in relation to a certain product or service. Normally, if a mark happens to be associated with a certain service it is referred to as a service mark. However, the word trademark is used in order to signify marks that could be associated with a product or a service. The main reason why trademarks are used is in order to make sure companies and individuals are able to reveal what the source of their goods is. It also helps them create a separate identity for their products and services in the industry.
With a trademark you basically have the exclusive right to use a mark. At the same time, you also have the legal right to stop others from using it. In fact, with a trademark in your name you can stop any other entity from even using a mark that could be similar to your own and thus confuse the general public.
However, just because you have a trademark you would not have the right to stop another entity from selling the exactly same product or service under a mark that is absolutely and pretty clearly different. You can establish your right to own such a mark by using it in a legal way in a business or commercial setting. There are certain legalities that need to be followed in these cases and you need to keep them in mind as well.
As a business owner it is absolutely important for you to be aware of the importance of trademark registration.
What can be Trademarked in India?
As per the Trademark Law 2002 there are 45 classes of trademarks in India. They cover virtually each and every product and service sold in India. An example may be given below:
Who can Trademark their Brand or Logo in India?
A person and two or more person, who can apply for the registration of a trade mark, are needed to be the proprietor or owner of the proposed trade name in relation to the business. For the purpose of making an application of Trademarks, the person could be:
Since trademarks are normally used in order to save brands, catchphrases, and slogans, which are unique to businesses and individuals, from being misappropriated by others they can be used by any individual or business. In fact, not for profit entities can get trademarks in India as well. However, you need to keep in mind that the requirements in this case would depend on the class of trademark that you are filing for the purpose of registration. The type of ownership of your company would also be important in such processes.
Even if you are an individual who is not doing any business as such you have the right to file for a trademark and obtain the same as per laws in India. You could do it for a word, phrase, or symbol that you would like to use in the future. When you are filing for trademark in such a capacity you would have to provide your full name. In case your company happens to be a joint ownership then you need to mention both your names on the application for the trademark. Thus, as can be seen from the examples above, you have to provide your full name in the application in your role as the proprietor.
What is Trademark Registration?
The process of trademark registration can be described as one whereby you register your unique business name, taglines, catchphrases, and captions with the relevant authorities. This means that they cannot be used by any other entity. With the help of trademark consultant from Bangalore you can get such work done rather easily.
What are the Advantages of Trademark Registration?
Firstly, as has already been said, when you have trademark you have exclusive rights to your mark. These days, it has become easier to avail top class logo registration services in Bangalore. The mark basically becomes hypothecated to you and thus you enjoy all the security that you want to in this regard. You get intangible property rights with a trademark as well. By getting a trademark the mark gets licensed in your name and you can transfer it later on as well.
As has been said already, holding the trademark acts as a credible deterrent to entities that may have devious designs of using the same mark or something that is fairly similar. You can use this trademark in legal proceedings as well. With such a registration it is only you who can place the R word against the mark. You can use it outside India for purposes of business as well. In fact, if you already have a trademark and you want to do business in another country you can get it registered as well. This same trademark also allows you to take legal action against those who sell counterfeits of your trademarked products and services.
Documents Required for Filing a Trademark Application
Both Indian companies and foreign based commercial enterprises file for trademark registration in India. If you are an individual or sole proprietorship you would have to provide your word, phrase, or logo. In case you are providing a logo it is best to provide a black and white copy of the same. You also need to sign and submit Form 48. This form acts as a form of authorization from you to the trademark attorney. This allows her or him to file the application on your behalf. You also need to provide your identity proof and address proof.
If you are a partnership, company, or LLP (limited liability partnership) you may or may not have to provide a copy of your logo, a signed version of Form 48, your partnership deed or incorporation certificate, your identity proof or your address proof. If you wish to be slotted as a small enterprise you would have to furnish your Udyog Aadhar Registration Certificate. So, you need to keep these requirements in mind when you go to file your trademark. You should know and understand the process to register your trademark online in Bangalore.
Here’s know the registration process for filing a trademark:
1. Make a Public Search for Your Trade Name
2. File Application for Your Trademark (if objection is raised for application, you need to reply to exam report; if not, the application goes for journal publication for 120 days)
3. Reply to Official Examination Report (for further queries the Registrar of trademarks may call for a hearing)
4. Respond to Trademark Hearing
5. Published in Trade Mark Journal for 120 days
6. Awaiting for Trademark Opposition (if the trademark is not opposed by any other third party, you will get the registration for it)
7. Trade Mark Registry will be Issuing a Registration Certificate towards the trade name
8. Renewal Once in Every 10 Years
Procedure of Trademark Application for Brand Name or Logo
In this context you need to keep in mind that you have to file your trademark with Trade Marks Registry in India. This process normally starts with either you or your trademark attorney looking for a trademark that may be available in the database for such marks. When you perform such a search you would come to know if the trademark registry already has an identical or even a similar trademark or not. For this purpose you would have to visit the Trademark Registrar Website.
The next step in this regard is to file for the trademark. This will begin once you have chosen an available trademark. There are certain rules and regulations that you have to adhere to in this case. There is also a fee structure to be kept in mind. There are five trademark offices in India and you can file with the one that has the jurisdiction over your state or online domain. You can also hire professional lawyers and agents to act on your behalf for such purposes.
Your trademark application should contain information such as your trademark or logo, your name and address, the trademark class that you are filing under, information on any trademark that you have used so far, and description of services or goods that you wish to trademark. Once you do this you would be provided a trademark application number within a couple of working days. After this you can track the progress of your application through the online trademark search facility. Normally, if you have obtained such a number you can use TM next to your service or product.
After receiving your application the Trademark Registrar would verify it with the Vienna Codification established under the aegis of Vienna Agreement (1973). Once this process is out of the way the Trademark Officer in the concerned Trademark Registrar Office would receive the application. At that stage it would be reviewed for correctness and an examination report would be issued.
Once the application is accepted the trademark would be brought out in the Trademark Journal. After this, if there are no objections to your trademark, the office would prepare a trademark registration certificate and a manuscript, and sent to the relevant authority. Once the certificate is issued in your name the trademark will be considered to have been registered in your name.